Ex parte MODAHL - Page 1




                      The opinion in support of the decision being entered today was not                                
                      written for publication and is not binding precedent of the Board.                                

                                                                               Paper No. 22                             

                             UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                  _______________                                                       
                                  BEFORE THE BOARD OF PATENT APPEALS                                                    
                                              AND INTERFERENCES                                                         
                                                  _______________                                                       
                                           Ex Parte ROBERT J. MODAHL                                                    
                                                  _______________                                                       
                                                Appeal No. 1997-2099                                                    
                                                Application 08/233,468                                                  
                                                  _______________                                                       
                                                     ON BRIEF                                                           
                                                  _______________                                                       
               Before WARREN, DELMENDO and JEFFREY T. SMITH, Administrative Patent                                      
               Judges.                                                                                                  
               JEFFREY T. SMITH, Administrative Patent Judge.                                                           

                                      Decision on appeal under 35 U.S.C. § 134                                          
                      Applicant appeals the decision of the Primary Examiner finally rejecting claims                   
               1 through 20.  We have jurisdiction under 35 U.S.C. § 134.1                                              





                      1 The rejection of claim 20 under 35 U.S.C. § 112, fourth paragraph and the rejection of claims   
               1 to 10, 17 and 18 under 35 U.S.C. § 103 over the combination of Itoh and Adegoke has been withdrawn     
               by the Examiner.  (Examiner’s Answer, pages 6 and 8).                                                    





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